ACLU objects to policy of full-year drug testing

RENO – The American Civil Liberties Union of Nevada has criticized a school board's decision to implement a full calendar-year random drug testing program rather than a seasonal one for high school students who participate in sports and other extracurricular activities.

Lee Rowland, northern coordinator for the ACLU, said she thinks the Douglas County School Board went too far by subjecting students to testing for an entire year, regardless of whether they are engaged in an extracurricular activity at the time.

Rowland asked the board to reconsider its decision and said she agrees with county Assistant Superintendent Nancy Bryant, who warned that full-year testing is a legal gray area.

The U.S. Supreme Court has upheld the constitutionality of testing students while they are engaged in sports or other extracurricular activities.

“This is an unwise decision both from a constitutional standpoint and as a matter of policy,” Rowland said. “The protection of student privacy should be one of the values that the school district considers. There's no question there's no authority in the law for what they are doing right now.”

Michael Malloy, the district's legal counsel, said the high court twice has upheld random drug testing of students who participate in extracurricular activities and has not ruled on the constitutionality of full-year testing programs.

Malloy said lower courts have upheld similar programs and he thinks they are legal. Drug use is a major problem, Malloy said, and the board believes full-year testing is a better deterrent to keep athletes and other students from using drugs between seasons.

He said affected students only would be tested at school and not at home.